3rd Holden Case Voided by Judge : Courts: Councilman claims vindication while defendant’s lawyer vows to appeal.

A Superior Court judge threw out the last of three sexual harassment cases against Los Angeles City Councilman Nate Holden on Thursday, halting an explosive saga that has embarrassed City Hall and angered women’s rights activists.

Judge Byron McMillan granted Holden and the city’s request for summary judgment on all remaining counts in the suit filed by former Holden aide Carla Cavalier in February 1993.

Cavalier’s attorney, expressing astonishment, promised to appeal.

“This case is far from being over,” attorney Robert Racine said. “Nate Holden is not going to get away with this.”

Nonetheless, the councilman said he felt vindicated and exonerated.

“I’ve said all along those were bogus allegations against me; they were politically motivated, politically inspired, and I said I would prove they had no merit,” Holden said after he returned to City Hall from Orange County, where McMillan was handling the case for the Los Angeles court to avoid a potential conflict of interest.

Less than a month ago, Holden prevailed in a suit brought against him by another former employee, Marlee Beyda, who accused the longtime elected official of trying to force her into a sexual relationship. That nonjury trial provided six weeks of provocative testimony, ranging from Beyda’s several intimate visits to Holden’s apartment to discussions about the councilman’s penis.

Superior Court Judge Raymond D. Mireles ruled that Beyda had initiated all the personal contacts with Holden and had welcomed his advances. Mireles, during his half-hour discourse on the ruling, also cleared three other defendants, all current or former members of the councilman’s staff.

An earlier complaint brought by yet another former staffer, Connie Collins, was dropped on technicalities before a suit was pressed.

Nonetheless, the cases, which together will cost city taxpayers an estimated $1 million, caused outrage and embarrassment at City Hall and sparked a campaign by two female council members to expand the city’s anti-harassment policies to include elected officials and department heads.

And they heightened interest in Cavalier’s case, which had been scheduled for trial Jan. 15.

Cavalier, who testified at the Beyda trial, alleged in her suit that Holden’s district office had an atmosphere like that of a singles bar. Male staffers made suggestive comments and guttural sounds, ogled female staffers and commented on their bodies and clothing, she contended.

Three of the six counts in her suit alleging negligent supervision of office staff, infliction of emotional distress and invasion of privacy had been dropped earlier.

On Thursday, McMillan agreed with the defendants--Holden and the city--in dismissing the remaining allegations: sexual harassment, retaliation and failure to prevent discrimination.

“This is one of the worst decisions I’ve ever seen in my life,” Racine said.

“It’s unbelievable that the judge would not let us go to trial on this one. . . . There was so much evidence,” Racine said. He added that Cavalier, who could not be reached for comment, was “shocked. All she wanted was to have her day in court.”

Holden’s city-paid, private attorney, Skip Miller, said the judge reviewed “exhaustive” depositions and other evidence before his ruling, which Miller said proved that Cavalier’s case was “utterly, totally, completely without merit.”

“How sweet it is!” said Assistant City Atty. Wilma Pinder, who represented the city in both suits.

“These suits are very emotionally laden [so] there probably will be an appeal,” Pinder said. “But I’m very pleased for the city of Los Angeles--the city is the one that writes the check--and for Councilman Holden.”

Holden, who has filed counter-suits, said Thursday that he wants to try to get the plaintiffs to reimburse the city, as well as pick up the $30,000 to $40,000 he said came from his own pocket before the city entered the case.

But based on experience with other cases, Pinder said, she doubts the plaintiffs will be made to pay.

Holden, who plans to discuss the case in detail at a news conference this morning, said he is glad he refused to settle any of the cases. He said that settlement costs would have been higher than the legal tab and that he desperately wanted to win.

“I would encourage anybody accused of bogus allegations to fight them,” Holden said. “The worst thing you could do is throw in the towel. That only encourages more people to file bogus suits, and you have to get the word out to the public that these things aren’t true.”

Racine, however, said he feels sorry for “the women who work for the city of Los Angeles. This is offensive. In his own mind, Nate Holden got away with it.”